In this PIL, the petitioner alleged encroachment on Wakf land. The Court declined to entertain the petition as the same grievance was pending in W.P. No. 21840 of 2011 with a subsisting interim order and found no right to approach the Court again.
The public interest litigation is dismissed.
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THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
Public Interest Litigation No.394 of 2012
DATED:4.12.2012
Between: Dargah Hzt. Moula Taleem Mastan (RH) … Petitioner And Chief Executive Officer, A.P. State Wakf Board, Hyderabad and others.
…. Respondents
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
Public Interest Litigation No.394 of 2012
Order: (per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)
This petition by way of Public interest litigation is filed alleging that some encroachers are making constructions on the wakf land.
It appears, a writ petition, being Writ Petition No. 21840 of 2011 was filed in respect of the very same grievance before this Court where the petitioner is also a party respondent. It is also seen from the record that in that matter, a Hon’ble Single Judge of this Court granted an interim direction to the respondentauthorities not to interfere with the construction activity carried out by the petitioners therein and the said interim order is still subsisting. It appears, the petitioner herein, who is respondent No.5 in the said writ petition has also filed a vacate application before the Hon’ble Single Judge seeking vacation of the said interim order.
Under the circumstances, we do not think that the petitioner has any right to approach this Court once again by way of a public interest litigation in respect of the very same grievance, which was urged in Writ Petition No. 21840 of 2011.
The public interest litigation is accordingly dismissed.
__________________________ PINAKI CHANDRA GHOSE, ACJ
VILAS V. AFZULPURKAR,J
4-12-2012 pnb
2 issues framed by the court
Whether a petitioner can approach the Court again by way of PIL after a writ petition on the same grievance is pending with an interim order subsisting.
Whether a PIL filed alleging encroachment on Wakf land is maintainable when the same grievance was already urged in W.P. No. 21840 of 2011.
Dargah Hzt. Moula Taleem Mastan (RH)
Chief Executive Officer, A.P. State Wakf Board, Hyderabad and others
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
